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A cautionary tale in drafting
| 题名： | A cautionary tale in drafting |
| 正文语种： | eng |
| 作者： | JANE ATKINSON |
| 摘要： | The new UK Corporate Insolvency and Governance Act 2020 (CIGA 2020) has significantly changed the way businesses are able to manage the challenges of having insolvent suppliers in their supply chain. In the recent decision in P&O Princess Cruises International Ltd v The Demise Charterers of the Vessel Columbus ([2021] EWHC 113 (Admlty)), the court considered the application of section 233B of the Insolvency Act 1986, as incorporated by section 14 of CIGA 2020. The effect of CIGA 2020 means that suppliers cannot rely on their contractual rights to terminate a supply contract or to "do any other thing" (including, suspending supply of goods or services, requiring a deposit, or amending pricing) when a customer becomes subject to a relevant insolvency procedure. Prior to this decision, "doing any other thing" was yet to be tested by the courts. The conclusions reached on that provision are less surprising given its wide drafting, but the decision raised some interesting points for businesses to consider when entering into contracts with suppliers. To summarize, this case concerned disputed charges in relation to two cruise ships, Columbus and Vasco Da Gama, owed to the Port of Tilbury, UK, because of the COVID-19 pandemic. |
| 出版年： | 2021 |
| 期刊名称： | Ports & harbors |
| 卷： | 66 |
| 期： | 5 |
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